Why a Thai-situated will matters
Assets located in Thailand — Thai bank accounts, condos, vehicles, company shares — are administered through the Thai Civil Court regardless of where the deceased lived. A foreign will is theoretically recognisable but in practice requires translation, MFA legalisation, and a probate hearing in which the court interprets the foreign document under Thai succession law.
A separate Thai-situated will, drafted in Thai (or bilingual Thai/English), naming a Thai executor and limited to Thai assets, cuts probate from 12–18 months down to typically 4–6 months and avoids most of the foreign-document overhead.
Forms of will recognised in Thailand
- Ordinary written will — signed by the testator and two witnesses present at the same time. Most common form for foreigners.
- Holographic will — handwritten entirely by the testator, signed and dated, no witnesses required. Useful as a backup but easier to challenge.
- Will made before the District Officer (Amphur) — administrative form, secure but inflexible.
- Public will and secret will — rarely used.
What to include
List Thai assets specifically: bank account numbers, condo title deed numbers, vehicle registration numbers and company share certificates. Name an executor who is in Thailand and willing to serve, plus a backup. State clearly that the will covers only Thai-situated assets so it does not revoke or conflict with your home-country will.
If you have minor children, name a guardian — Thai courts will weight this heavily.
Probate in the Civil Court
The executor files a petition with the Civil Court attaching the death certificate, original will, asset list, and a list of statutory heirs. The court schedules a hearing 30–60 days later and, if uncontested, issues a court order appointing the executor and authorising distribution.
Armed with the court order, the executor can close bank accounts, transfer the condo at the Land Office, and transfer company shares. Banks routinely refuse to release funds without an original court order, even on small accounts.
Intestacy — what happens without a will
Under sections 1629–1635 of the Civil and Commercial Code, statutory heirs inherit in fixed shares: spouse plus children take precedence, then parents, then siblings. A Thai spouse takes 50% of marital property automatically before the will's terms apply to the remaining estate.
For a foreigner with a Thai partner but no marriage and no will, the partner inherits nothing in Thailand — the assets pass to the foreigner's parents or siblings, who may be living abroad and unaware of the Thai estate.